DEL v Commissioner of Victims Rights [2017] NSWCATAD 376

DEL v Commissioner of Victims Rights [2017] NSWCATAD 376

The applicant was a victim of an act of violence and suffered physical and psychological injuries, but the evidence showed redness and broken blood vessels, stress, anxiety, anger, disturbed sleep and signs of PTSD while she continued working and functioning. Those injuries did not reach the threshold of a really serious injury or grievous bodily harm, so the statutory basis for a Category C recognition payment was not made out and the Category D decision was the correct and preferable decision.

Jurisdiction
Australia
Judgment Date
22 December 2017
Procedural Posture
Application for Administrative Review of a Victims Support Recognition Payment Decision / Decision After Hearing in the Administrative and Equal Opportunity Division
Outcome
Application dismissed; respondent's decision affirmed.
Legal Topics
['recognition Payment' 'grievous Bodily Harm' 'robbery Involving Violence' 'assault Not Resulting in Grievous Bodily Harm' 'administrative Review']
['administrative Law' 'victims Support'] ['recognition Payment' 'grievous Bodily Harm' 'robbery Involving Violence' 'assault Not Resulting in Grievous Bodily Harm' 'administrative Review']

Case Brief

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Procedural Posture

Application for Administrative Review of a Victims Support Recognition Payment Decision / Decision After Hearing in the Administrative and Equal Opportunity Division

Legal Issues

  1. 1 ["Whether the applicant's injuries from the robbery and assault amounted to grievous bodily harm for the purposes of a Category C recognition payment under the Victims Rights and Support Act 2013." "Whether the respondent's decision to approve only a Category D recognition payment should be affirmed."]

Ratio Decidendi

The applicant was a victim of an act of violence and suffered physical and psychological injuries, but the evidence showed redness and broken blood vessels, stress, anxiety, anger, disturbed sleep and signs of PTSD while she continued working and functioning. Those injuries did not reach the threshold of a really serious injury or grievous bodily harm, so the statutory basis for a Category C recognition payment was not made out and the Category D decision was the correct and preferable decision.

Court Disposition

Application dismissed; respondent's decision affirmed.

Orders

  • ['The decision of the Respondent is affirmed.']